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(영문) 부산지방법원 2014.10.31 2014노2193
식품위생법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (1.5 million won) of the original judgment is too unreasonable.

2. According to the records, on May 28, 2014, the Defendant was sentenced to imprisonment with prison labor for two years and six months and a fine of KRW 1.50 million for a violation of the Act on Special Measures for the Control of Public Health Crimes, etc. by the Busan High Court, and the above judgment is recognized as finalized on June 6, 2014. Since the crime of this case against the Defendant is in a concurrent relationship between the crime for which the above judgment became final and the crime of this case was committed in accordance with the latter part of Article 37 of the Criminal Act, the judgment of the court below should be determined in consideration of equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1)

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 94 Subparag. 1 and Article 6 Subparag. 2 of the former Food Sanitation Act (Amended by Act No. 11986, Jul. 30, 2013); the selection of a fine for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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